No. 19-5010

Andrew Nelson v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-06-28
Status: Denied
Type: IFP
IFP
Tags: 18-usc-924(c) appellate-review continuance criminal-procedure due-process fed-r-crim-p-52a federal-rules-of-criminal-procedure harmless-error judicial-error prejudice right-to-counsel sentencing substantial-rights trial-continuance vagueness-doctrine
Key Terms:
SocialSecurity DueProcess Securities
Latest Conference: 2019-11-01
Question Presented (AI Summary)

Where the district court erroneously premises its denial of a meritorious, unopposed motion for continuance of the trial on a mistaken belief that the defendant sought the continuance to delay the proceedings, must the defendant on direct appeal establish specific prejudice affecting the outcome of the trial in order to meet the 'affecting substantial rights' test for reversal under Fed. R. Crim. P. 52(a) or is it enough for the defendant on appeal to show that his counsel lacked an adequate opportunity to review potentially relevant evidence?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Where the district court erroneously premises its denial of a meritorious, unopposed motion for continuance of the trial on a mistaken belief that the defendant sought the continuance to delay the proceedings, must the defendant on direct appeal establish specific prejudice affecting the outcome of the trial in order to meet the “affecting substantial rights” test for reversal under Fed. R. Crim. P. 52(a) or is it enough for the defendant on appeal to show that his counsel lacked an adequate opportunity to review potentially relevant evidence? 2. Because the residual-clause definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague, should the Court remand for further consideration in light of United States v. Davis, No. 18-431,__U.S.__ (June 24, 2019)? 3. Does Section 403 of the First Step Act, “Clarification of Section 924(c) of Title 18, United States Code,” which bars application of mandatory consecutive 25-year sentences for second or subsequent § 924(c) offenses charged in a single indictment, require a remand for resentencing of Petitioner without application of five consecutive 25-year sentences totaling an additional 125 years of imprisonment? i INTERESTED PARTIES There are no parties interested in the proceeding other than those named in the caption of the appellate decision. ii

Docket Entries

2019-11-04
Petition DENIED.
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-09-27
Brief of respondent United States in opposition filed.
2019-08-21
Motion to extend the time to file a response from August 28, 2019 to September 27, 2019, submitted to The Clerk.
2019-08-21
Motion to extend the time to file a response is granted and the time is further extended to and including September 27, 2019.
2019-07-30
Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019.
2019-07-29
Motion to extend the time to file a response from July 29, 2019 to August 28, 2019, submitted to The Clerk.
2019-06-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2019)

Attorneys

Andrew Nelson
Albert Z Levin — Petitioner
Albert Z Levin — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent